The State Of Madhya Pradesh vs Nishar Ahmed
2022 Latest Caselaw 3404 MP

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           The High Court Of Madhya Pradesh
                     WA No. 654 of 2021
               (THE STATE OF MADHYA PRADESH AND OTHERS Vs NISHAR AHMED)

Gwalior, Dated : 10-03-2022
      Shri M.P.S. Raghuvnashi, learned Additional Advocate General for the

appellants/ State.
      Shri Devesh Sharma, learned counsel for the respondent.

Learned counsel for the appellants refers the order of the learned Single Judge passed in W.P. No.5854/2017 dated 13/01/2020 and indicates paragraph-12 of the same, which according to him itself suffers from contradictions.

According to learned counsel for the appellants, the writ petition preferred by then petitioner Ram Naresh Rawat, which appears to be the original order in the whole litigation specifically decides the case that the then petitioner shall be entitled for the benefit of classification from the date of order of classification and not from the date of classification with retrospective effect, therefore, according to him, no retrospectivity has been attached in the original order of Ram Naresh Rawat in writ petition and misinterpreting the same, respondent is trying to assert that benefits be given from the date of classification with retrospective effect whereas, it cannot be in view of the original order of Ram Naresh Rawat passed in

W.P. No.6588/2010 based on W.P. No.2600/2009 (s) and both these litigations stood affirmed till the Apex Court. Therefore, in sum and substance, respondent/ employee deserves to get the benefit of minimum pay scale from the date of order of classification.

Learned counsel for the respondent/ employee has his own version of facts. He referred the order passed by the Division Bench of this Court at Indore Bench in W.A. No.693/2018 dated 10/08/2018, wherein in penultimate paragraph-18, directions have been given to grant benefit of minimum regular pay scale to the similarly placed employees from the date of their classification as directed by the Hon'ble Supreme Court in paragraph-23 of the Ram Naresh Rawat Vs. Sri Ashwini Ray and Others reported in (2017) 3 SCC 436. The said order of the Division Bench got affirmed by the Apex Court vide order dated 05/04/2019, while the SLP No.8126/2019 preferred by the State against the said order got dismissed.

Therefore, in sum and substance, it is the grievance of the respondent/ employee that when order of the Division Bench stood affirmed at the Apex Court then benefits are to be given from the date of classification and not from the date of order of classification. In short, he seeks benefits with retrospective effect.

It appears from the record and submissions advanced that the matter required some more detailed deliberation.

Learned counsel for both the parties are directed to prepare the case extensively including all related judgments in this regard and thereafter advance arguments.

List this case after four weeks.

              (ANAND PATHAK)                                    (SATISH KUMAR SHARMA)
                  JUDGE                                                   JUDGE

         vc

VARSHA
CHATURVEDI
2022.03.11
15:47:06
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